“Products” means any Product to be supplied to the Buyer by the Seller.

Agreement

This information, along with the terms and conditions included in the Order Form, governs the commercial relationship between Seller and the Buyer for the Products provided by Seller, unless they are expressly varied by a written contract between the parties.

Applications of terms

Each order for Products by Buyer from Seller shall be on an Order Form and shall be deemed to be an offer by Buyer to purchase Products subject to these Terms and Conditions.

No order placed by Buyer shall be deemed to be accepted by Seller until a written acknowledgement of order is issued by Seller.

Any quotation is given by Seller on the basis that no Agreement shall come into existence until a written acknowledgement of order is issued by the Buyer.

Delivery

Seller will deliver the Products ordered by Buyer to the address for delivery specified in the Order Form.

Delivery will be made as soon as possible after the Buyer’s order is accepted Unless otherwise agree, delivery shall be “ex work”.

Prices

The price for the Products shall be the price set forth on Seller’s price list published on the date of delivery.

The price does not include the costs of transportation, insurance and taxes. Unless otherwise agree, transport costs and insurance will be charged to the Buyer.

Payment

Payment shall be according to the conditions presented in the economic proposal upon acceptance of the Order, by bank transfer, or by credit card.

Guarantee

If Buyer detects flows or damages he must notify immediately in writing within a maximum period of four days from the date of receipt of shipment. When checked by Seller that the product is defective it will be replaced free of charge. Said replacement is the sole and exclusive remedy of Buyer.

Relationship

The relationship between Seller and Buyer shall be that of independent contractors. Seller, its agents and employees, shall under no circumstances be deemed the distributors, franchisees, agents or representatives of Buyer.

Privacy and Protection of Personal Data

GALCHIMIA S.A. undertakes to respect the confidentiality of personal data provided by the user/buyer according to the provisions of Personal Data Legislation of Spain, which will be incorporated into a file in order to manage the business relation.

The user/buyer have the possibility to exercise the rights of access, rectification, cancellation and opposition stated in the law, in writing going to the following address: Cebreiro s/n O Pino-A Coruña-15823 (Spain), or by e-mail to: admin@galchimia.com

Disclaimer

Seller will be exempt from liability for damage not attributable to him. Seller shall have not liability of obligation to Buyer of any kind, including but not limited to any obligation to ship products, arising from any delay or failure to perform all or any part of Order as a result of causes or circumstances beyond Seller´s reasonable control, including, but not limited to, commercial impracticability, fire, flood, problems associate with transportation, labor disputes or strikes.

Compliance with regulation

Seller must ensure that the Products comply with all relevant statutes and regulations in Spain. If the Products to be delivered in Spain, will have to be used outside the Spain, Seller cannot be held responsible for the Products meeting the technical requirements or prescriptions applicable in the country in which the Products are to be used.

Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Products from Seller. Seller makes no representation and accepts no liability in respect of the export or import of the Products

Use of products

Products are sold for exclusively use in laboratory, according to the information set out in the Material Safety Data Sheet (MSDS). Buyer will use the products properly and safety. Products should be handled only by qualified personnel trained in laboratory procedure and familiar with the potential hazards. Information is not available on the possible hazards of many compounds. The absence of a warning must not be interpreted as indication of safety. Buyer assumes all responsibility for warning its employees and independent Contractor of all hazards to persons and property in any way connected with the Products, and agrees to instruct its employees, agents and consumers in the safe use of such products.

Buyer assumes the responsibility for the results of using any product offered in combination with other articles or substances, and in any manufacturing process.

Products are at the risk of Buyer from the time of delivery. The seller’s liability ends with the delivery of the package to the courier, and therefore we will not be attributable to blame for any delays in delivery.

Default

The failure of the Buyer to perform any obligation hereunder, including without limitation the payment of the purchase price for products, or Buyer´s bankruptcy or insolvency shall constitute a default under this Agreement. In the event of default, Seller may, refuse to make available for shipment products under this Agreement relating to the Products, and may also cancel this Order and any pending orders without liability to Seller. This remedy of the Seller is cumulative to any other remedies permitted by law.

Indemnification

Buyer shall defend, indemnify and hold Seller harmless from any and all claims, demands, subrogation claims by Buyer´s insures, liabilities, fines, regulatory actions, seizures of product, losses, costs, expenses (including but not limited to litigation expenses), (hereinafter, “Claim”) arising from or in connection with any Claim asserted against Seller for any damage, injury, loss, or any other Claim, whether in tort, contract, or otherwise, relating to this Order, the business relationship between the parties or the Products provided hereunder. Notwithstanding the foregoing, Buyer has not indemnity obligation to Seller with respect to any Claim that result solely for the negligence of Seller.

Law

Construction, validity and performance of the Agreement shall be governed in all respects by the Law of Spain.

Notices

All notices from Buyer to Seller must be in writing and sent to Seller at sales@galchimia.com.

All notices from the Seller to Buyer will be sent to the Buyer’s address specified in the Order Form.